...actionable negligence. That little more, however, is wanting here, as will presently be seen. (12) B. Refusal to postpone demolition is the next finding of fact which, in my judgment...cross - objection as well. But where (as here) only the particular issue on negligence is found against the defendant municipality, and at the same time the decree dismissing the whole of the suit is..., is not sufficient to justify the inference of law finding actionable negligence. (13) Why and how the respondent municipality had to apply itself to operation demolition needs...

...actionable negligence arises in the present case. Here, It is necessary to remark that sufficient material or medical evidence should be made available before an adjudicating authority to arrive at the... valuable life of their father (patient) due to gross negligence and lack of knowledge in conducting the process of dialysis therapy and the both the parties are jointly and...suffered a lot like, mental agony, harassments, humiliation, losses in the form of physical as well as economical on these happened due to the wrong acts and negligence done from...

...also not challenged that the accident is because of actionable negligence on the part of the driver of the offending tractor. It is also important to note here that both the trailers as well as the...records. 7. It is important to note here that the claimants have not challenged the quantum and have not sought for any enhancement. Even, the respondents-insurer have...here that it may be convinced and for the same the owner and driver of the tractor are liable to answer the charge, but at the same time, it is also evident that the deceased was traveling in first...

...Law of Torts, Ratanlal and Dhirajlal (edited by Justice G.P. Singh), referred to here in above, holds good. Negligence becomes actionable on account of injury resulting from the act or omission...loquitur has, if at all, a limited application in trial on a charge of criminal negligence. 50. In view of the principles laid down here in above and the preceding discussion, we agree...intestine of Smt. Sugna Devi whilst performing the Tubectomy operation was an act of gross negligence so as to make the petitioner liable for medical negligence punishable under Sections 269, 270 and 338...

...the injury is non-fatal injury, he has no right to claim compensation under clause (ii) of Section 3(1)(b) of the Act. Here in this case, the accident was reported to the Police, no actionable...negligence is attributed against the petitioner nor the Police have filed charge sheet against him that the accident had occurred due to his negligence. The material on record clearly shows that the... case (supra) held that the negligence on the part of the workman cannot be regarded as willful disobedience by the workman, which disentitles him from seeking...

...actionable negligence is attributed against the petitioner nor the Police have filed charge sheet against him that the accident had occurred due to his negligence. The material on record clearly shows that...driving and the injury is non-fatal injury, he has no right to claim compensation under clause (ii) of Section 3(1)(b) of the Act. Here in this case, the accident was reported to the Police, no...Court in Charan's case (supra) held that the negligence on the part of the workman cannot be regarded as willful disobedience by the workman, which...

...something which a prudent and reasonable man would not do. The definition of negligence as given in Law of Torts, Ratanlal & Dhirajlal (edited by Justice G.P. Singh), referred to here-in-above..., holds good. Negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. The essential components of negligence are...still the patient could not be saved. It is alleged that Reen Kumari died due to negligence of the petitioners. 5. On completion of investigation, the police submitted charge-sheet...

...the accident is because of actionable negligence on the part of the Respondent No.1/driver. 15. It is required to be noted here that the petition is filed under...because of the actionable negligence on the part of the driver of the car. It is also asserted that the driver of the car as well as the driver of the Tractor and Trailer were not possessing valid and...here that no premium was paid covering the risk of any passengers travelling in the trailer. The main contention of the learned counsel for appellants/owners of Tractor and Trailer is that the claimant...

.... 62. Here, the distinction between inadvertent mis-judgment and actionable negligence, becomes crucial. 63. It has emerged...specialist in Obstetrics and Gynaecology in regard to the negligence of doctors. 7. Another Medical Board, headed by Dr. S. Batra (included Dr. U. Manaktala and...cause of death, an opinion of specialist in Obstetrics and Gynaecology in regard to the negligence of doctors, be obtained. Subsequently, they gave an opinion vide their Report dated...

.../EW-6533. This is a contrary suggestion and insurance company is taking inconsistent stand regarding actionable negligence on the part of the petitioner. 10. At the outset the tribunal has awarded total compens...has occurred by actionable negligence on the part of petitioner himself and hence, he would seek for exonerating the respondent No.4 appellant from the liability and the payment of compensation by...evidence is placed in this regard. All along it is asserted by the appellant that the accident is because of the actionable negligence of the present claimant/respondent No.1 but when the claimant was...

...and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and...adopted.17. In our opinion, the factor of grossness or degree does assume significance while drawing distinction in negligence actionable in tort and negligence...words: (All ER p. 121 D-F)“[W]here you get a situation which involves the use of some special skill or competence, then the test as to whether there has been negligence...

...have suffered simple and grievous injuries. Witnesses P.Ws.1, 3, 6 and 7 have specifically deposed regarding actionable negligence on the part of the accused being the driver of the lorry. However, it is elicited in their evidence t..., which has resulted in the accident. As such, there is actionable negligence on the part of the driver of the bus, but not against the driver of the lorry. He would also contend that witnesses have failed...suggestion that there is no actionable negligence on the part of the driver of the lorry. The sketch of scene of offence is marked as Ex.P21 and it is a relevant document. Admittedly, at the accident...

...of the joint tortfeasors, particularly when in the accident caused by composite negligence of drivers of trailer-truck and bus has been found to be 2/3rd and 1/3rd extent, respectively...liable to satisfy 2/3rd of the award.3. It is a case of composite negligence where injuries have been caused to the claimants by combined wrongful act of joint tortfeasors. In...a case of accident caused by negligence of joint tortfeasors, all the persons who aid or counsel or direct or join in committal of a wrongful act, are liable. In such case, the liability is always...

...negligence as under: (Jacob Mathew case (2005) 6 SCC 1)“19. … ‘[W]here you get a situation which...is impossible to define culpable or criminal negligence, and it is not possible to make the distinction between actionable negligence and criminal negligence intelligible, except by means of...(edited by Justice G.P Singh), referred to hereinabove, holds good. Negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the...

...probability produce the very mischief which happened. Such negligence is elearIy actionable, and renders the owners of the steam~boat liable for the damage...sustained. Cases simiIar have occurred here, arid the liability of the party who i s the cause of the mischief, if negligence be proved, is never doubted. il'ubervil... negligence or delay where the rights of third parties may be c o n ~ ~ r o m ~ s e d ; but where reasonable diligence is used, and the proceedings are had in good faith, the...

...under Section 482 Cr.P.C. 6. The distinction between the concepts of actionable civil negligence and culpable criminal negligence which alone can attract...learned counsel for the petitioner submits that the allegations, even if accepted in toto, do not at all reveal any culpable negligence on the part of the petitioner. The prosecution of the petitioner...to do or to do culpable negligence is the gross breach of a duty to take care which is expected of a reasonably prudent person in the given circumstances. Rashness is the culpable disregard of the...

...that in a proceeding like the one before us in which compensation is claimed on the ground of negligence, the burden of establishing actionable negligence on the part of the driver Who drove the bus is entirely upon the cla...enactment. Consequently, the provisions of Section 61 of the E. S. I. Act cannot be attracted to such a case. Unless and until a claimant establishes an actionable negligence...accrues to the claimant on the basis of actionable negligence on the part of the respondent. It is thus clear that the liability of the owner of a vehicle for damage for the injury caused by the negligence...

...exorbitant. Hence sought for dismissal of the claim petition. 4. The Tribunal after trial held that the accident occurred due to the actionable negligence on the part of the driver of the APSRTC bus, t...defended the case by filing written statement and contended that due to the negligence on the part of rider of the Super XL vehicle, the accident had occurred and that the compensation claimed is...

..., the oral and documentary evidence clearly establish that the accident in question is because of actionable negligence on the part of the driver ie., the revision petitioner. Both the Courts below are justified in convicting the ac...the Courts below. 7. Per contra, the learned HCGP has contended that, the accident in question is because of actionable negligence on the part of the KSRTC Bus, as he...moved the bus on wrong side and taken turn without passing any signal. He would also contend that the sketch and photographs clearly establish actionable negligence on the part of the accused and the...

...Allopathic medicines, is the question which is to be answered in this appeal with the connected question whether this will amount to actionable negligence.13. The decision of...be prosecuted under Section 15(3) of the Indian Medical Council Act, 1956. His conduct amounted to an actionable negligence particularly as the duty of care indicated by this Court in Dr Laxman Joshi...before the National Consumer Disputes Redressal Commission (for short, ‘Commission’), at New Delhi praying for compensation and damages being awarded to her by Respondents 1 and 2 for their negligence...